Can a Director Be Personally Liable for a Company’s Debts? This is a common concern for small business owners and directors. The short answer is: usually no – but in some situations, yes. We will provide a short overview of this area of law. The General Rule: No Personal Liability Under Australian […]
Can a Director Be Personally Liable for a Company’s Debts? Read More »
In the world of construction, getting paid on time isn’t always a given, especially for subcontractors. Small businesses often find themselves chasing payments or bearing the financial fallout from delays further up the contracting chain. It’s a long-standing problem, and in 2016, the Australian Government decided it was time to step in and seek
Murray Review and Recent Government Response Read More »
Are you a new homeowner in a residential complex over three storeys high? Do you worry that your builder may have cut corners – leaving you with defects, stress, and little recourse to make things right? This time, the government has your back. With new legislation, you’re no longer left powerless. No longer will
Victoria Strengthens Insurance Rights for High-Rise Apartment Owners Read More »
You’ve just moved into your dream home – a place you saved for, hoped for, and imagined for years. But within months, the dream begins to crack – literally. A leaky roof. Warped floorboards. A builder who won’t return your calls. And a system that tells you there’s little it can do unless your
Finally, Real Protection for Homeowners in Low-Rise Buildings Read More »
Case Summary: Imerva Corp Pty Ltd v Kuna [2017] VSCA 168 (Imerva) In building contracts, every signature matters – literally. In Imerva, a couple’s decision to initial rather than formally sign a crucial document clause unraveled a $2 million construction deal. The case is a sharp warning to builders and homeowners alike: skip a
The Signature That Changed Everything: Lessons from a $2M Building Dispute Read More »
In this analysis, we will take a closer look at Martinus Rail Pty Ltd v Qube RE Services (No 2) Pty Ltd (No 2) [2024] NSWSC 1223, a significant development to the Security of Payments regime. When a builder or contractor turns to adjudication to resolve a payment dispute, they expect a fair hearing
Martinus Rail v Qube: Right to a Fair Hearing Read More »
April 2025 – A U.S. appeals court has sided with the American Foundation for Basic Research in Israel, Inc. (AFBRI) in a legal fight with the Israel Academy of Sciences and Humanities, deciding that the Academy has no right to claim control over AFBRI’s donations. The Israel Academy, a top research institution established
U.S. Court Rules in Favor of AFBRI in Dispute with Israeli Academy Over Donations Read More »
The High Court of Australia’s recent ruling in Commonwealth of Australia v Yunupingu [2025] HCA 6 (Commonwealth v Yunupingu) marks a pivotal moment in the evolution of native title law. To fully grasp the significance of this decision, it’s essential to understand what native title is and trace its development since the landmark Mabo case.
Commonwealth v Yunupingu – Landmark Native Title Case Read More »
Snapshot Judgment debts and adjudication can be complex territory – especially when there’s a dispute over payment and defects. Consider this scenario: you withhold payment from a builder because you believe their work is defective. The builder takes the dispute to adjudication, and the adjudicator determines that you actually do owe the builder
A Guide for Charities and Not-for-Profits In the not-for-profit world, collaboration is key. Many great ideas for community impact begin with small, unincorporated groups or passionate individuals who may not yet have the legal structure to access grants, insurance, or enter contracts. That’s where auspice agreements come in – a practical way for
What is an Auspice Agreement? Read More »
Harriet Warlow Shill Member CLAANZ 2025
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